222 U.S.

20
32 S.Ct. 2
56 L.Ed. 72

SOUTHERN RAILWAY COMPANY, Plff. in Err.,

v.
UNITED STATES.
No. 28.
Argued and submitted March 9 and 10, 1911.
Decided October 30, 1911.

Mr. Alfred P. Thom for plaintiff in error.

Assistant Attorney General Fowler and Mr. Henry E. Colton for
defendant in error.
[Argument of Counsel from pages 21-23 intentionally omitted]
Mr. Justice Van Devanter delivered the opinion of the court:

This was a civil action to recover penalties for the violation in specified
instances of the safety-appliance acts of Congress. 27 Stat. at L. 531, chap. 196,
U. S. Comp. Stat. 1901, p. 3174, 32 Stat. at L. 943, chap. 976, U. S. Comp.
Stat. Supp. 1909, p. 1143. The government prevailed in the district court, and
the defendant sued out this direct writ of error.

Briefly stated, the case is this: The defendant, while operating a railroad which
was 'a part of a through highway' over which traffic was continually being
moved from one state to another, hauled over a part of its railroad, during the
month of February, 1907, five cars, the couplers upon which were defective
and inoperative. Two of the cars were used at the time in moving interstate
traffic, and the other three in moving intrastate traffic; but it does not appear
that the use of the three was in connection with any car or cars used in interstate
commerce. The defendant particularly objected to the assessment of any
penalty for the hauling of the three cars, and insisted, first, that such a hauling
in intrastate commerce although upon a railroad over which traffic was
continually being moved from one state to another, was not within the

prohibition of the safety appliance acts of Congress; and, second, that, if it was,
those acts should be pronounced invalid, as being in excess of the power of
Congress under the commerce clause of the Constitution. But the objection was
overruled (164 Fed. 347), and error is assigned upon that ruling.
3

The original act of March 2, 1893 (27 Stat. at L. 531, chap. 196, U. S. Comp.
Stat. 1901, p. 3174), imposed upon every common carrier 'engaged in interstate
commerce by railroad' the duty of equipping all trains, locomotives, and cars
used on its line of railroad in moving interstate traffic, with designated
appliances calculated to promote the safety of that traffic and of the employees
engaged in its movement; and the 2d section of that act made it unlawful for
'any such common carrier' to haul or permit to be hauled or used on its line of
railroad any car 'used in moving interstate traffic,' not equipped with automatic
couplers capable of being coupled and uncoupled without the necessity of a
man going between the ends of the cars. The act of March 2, 1903 (32 Stat. at
L. 943, chap. 976, U. S. Comp. Stat. Supp. 1909, p. 1143), amended the earlier
one and enlarged its scope by declaring, inter alia, that its provisions and
requirements should 'apply to all trains, locomotives, tenders, cars, and similar
vehicles used on any railroad engaged in interstate commerce, and in the
territories and the District of Columbia, and to all other locomotives, tenders,
cars, and similar vehicles used in connection therewith.' Both acts contained
some minor exceptions, but they have no bearing here.

The real controversy is over the true significance of the words 'on any railroad
engaged' in the first clause of the amendatory provision. But for them the true
test of the application of that clause to a locomotive, car, or similar vehicle
would be, as it was under the original act, the use of the vehicle in moving
interstate traffic. On the other hand, when they are given their natural
signification, as presumptively they should be, the scope of the clause is such
that the true test of its application is the use of the vehicle on a railroad which is
a highway of interstate commerce, and not its use in moving interstate traffic.
And so certain is this that we think there would be no contention to the contrary
were it not for the presence in the amendatory provision of the third clause,
'and to all other locomotives, tenders, cars, and similar vehicles used in
connection therewith.' In this there is a suggestion that what precedes does not
cover the entire field; but at most it is only a suggestion, and gives no warrant
for disregarding the plain words, 'on any railroad engaged' in the first clause.
True, if they were rejected, the two clauses, in the instance of a train composed
of many cars, some moving interstate traffic and others moving intrastate
traffic, would, by their concurrent operation, bring the entire train within the
statute. But it is not necessary to reject them to accomplish this result, for the
first clause, with those words in it, does even more; that is to say, it embraces

every train on a railroad which is a highway of interstate commerce, without

regard to the class of traffic which the cars are moving. The two clauses are in
no wise antagonistic, but, at most, only redundant; and we perceive no reason
for believing that Congress intended that less than full effect should be given to
the more comprehensive one, but, on the contrary, good reason for believing
otherwise. As between the two opposing views, one rejecting the words 'on any
railroad engaged' in the first clause, and the other treating the third clause, as
redundant, the latter is to be preferred, first, because it is in accord with the
manifest purpose, shown throughout the amendatory act, to enlarge the scope of
the earlier one and to make it more effective, and, second, because the words
which it would be necessary to reject to give effect to the other view were not
originally in the amendatory act, but were inserted in it by way of amendment
while it was in process of adoption (Cong. Rec. 57th Cong., 1st Sess., vol. 35,
pt. 7, p. 7300; Id, 2d Sess., vol. 36, pt. 3, p. 2268), thus making it certain that
without them the act would not express the will of Congress.
5

For these reasons it must be held that the original act, as enlarged by the
amendatory one, is intended to embrace all locomotives, cars, and similar
vehicles used on any railroad which is a highway of interstate commerce.

We come, then, to the question whether these acts are within the power of
Congress under the commerce clause of the Constitution, considering that they
are not confined to vehicles used in moving interstate traffic, but embrace
vehicles used in moving intrastate traffic. The answer to this question depends
upon another, which is, Is there a real or substantial relation or connection
between what is required by these acts in respect of vehicles used in moving
intrastate traffic, and the object which the acts obviously are designed to attain;
namely, the safety of interstate commerce and of those who are employed in its
movement? Or, stating it in another way, Is there such a close or direct relation
or connection between the two classes of traffic, when moving over the same
railroad, as to make it certain that the safety of the interstate traffic and of those
who are employed in its movement will be promoted in a real or substantial
sense by applying the requirements of these acts to vehicles used in moving the
traffic which is intrastate as well as to those used in moving that which is
interstate? If the answer to this question, as doubly stated, be in the affirmative,
then the principal question must be answered in the same way. And this is so,
not because Congress possesses any power to regulate intrastate commerce as
such, but because its power to regulate interstate commerce is plenary, and
competently may be exerted to secure the safety of the persons and property
transported therein and of those who are employed in such transportation, no
matter what may be the source of the dangers which threaten it. That is to say,
it is no objection to such an exertion of this power that the dangers intended to

be avoided arise, in whole or in part, out of matters connected with intrastate

commerce.
7

Speaking only of railroads which are highways of both interstate and intrastate
commerce, these things are of common knowledge: Both classes of traffic are
at times carried in the same car, and when this is not the case, the cars in which
they are carried are frequently commingled in the same train and in the
switching and other movements at terminals. Cars are seldom set apart for
exclusive use in moving either class of traffic, but generally are used
interchangeably in moving both; and the situation is much the same with
trainmen, switchmen, and like employees, for they usually, if not necessarily,
have to do with both classes of traffic. Besides, the several trains on the same
railroad are not independent in point of movement and safety, but are
interdependent; for whatever brings delay or disaster to one, or results in
disabling one of its operatives, is calculated to impede the progress and imperil
the safety of other trains. And so the absence of appropriate safety appliances
from any part of any train is a menace not only to that train, but to others.

These practical considerations make it plain, as we think, that the questions

before stated must be answered in the affirmative.

Affirmed.